Child Support

Child support is a specified amount of money that one parent of a minor child pays to the other parent for the support of that child. In most cases, one parent will have primary custody of the minor child and the other parent will be ordered to pay child support to the parent having primary custody.

Child support orders may be issued as part of a divorce settlement, family support case, paternity action, or interstate child support case. Child support continues until a child reaches the age of 18 or graduates from high school, whichever is later, but does not continue past the age of 19 ½.

In 1987, Michigan began to use a standard child support formula. The purpose of the formula is to ensure that children receive adequate financial support based upon their needs and the actual resources of each parent. The formula takes into account factors such as the income of each parent, family size, child care expenses, other minor children, and preexisting support orders. The amount of child support charged to a parent is determined by using this formula. If a judge sets an amount different from the amount recommended by the formula, the reasons must be stated either in writing or on the record.

The Michigan Support and Parenting Time Enforcement Act gives the Friend of the Court the authority to enforce a court's order of child support. Generally, each county in Michigan has its own Friend of the Court office to assist parents with collecting or modifying child support.

Under federal and Michigan law, failure to pay child support may be a felony criminal offense. In this case, instead of the Friend of the Court seeking enforcement, charges will be brought by county prosecutors or the Michigan Attorney General. Federal charges are filed and prosecuted by the United States Attorney's office. Under these laws, not paying child support can result in arrest and even imprisonment.